Cases Decided in the Supreme Court of the Cape of Good Hope During the Years 185052-186467; With Table of Cases and Alphabetical Index (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ...property for 1825, that the Master approved of the withdrawal of the property, that one J. P. Cloete had since offered 1875 for the property, if the Master would advance him this on special mortgage. That there had been negociations for the purchase of this farm between J. P. Cloete and respondent, previous to the 20th December, and that subsequent to the sale J. P. Cloete had offered to applicant 1875 for the farm in case applicant should be held to be the purchaser of it. The applicant in reply admitted that it was arranged between him and J. P. Cloete that the latter should have the farm for 1875. Brand, for applicant: --The applicant comes into Court as a purchaser at highest bidding; his bid was accepted because it was repeated by the auctioneer. The applicant intends to bring an action, therefore an interdict should be granted to prevent the sale by private agreement. The sale on the 20th December was a bona fide one, all the creditors might have come and offered biddings. Porter, A.G., iov respondent: --There will be damage to the estate by the delay if this interdict is granted, until the question of sale is decided. This is a case different from that of a common sale. The applicant has his action for damages if he is damnified. musgrave, J.: --But suppose the buyer be a man of straw. J De Smidt If there has been a sale the purchaser is entitled to transfer, steytier. but there was no perfected sale, for the auctioneer never brought down the hammer. A bidder can retract his bid till the hammer is down, and if the respondent in such a case cannot sue the applicant, neither can the applicant sue respondent (see Stephen, Nisi Prius, p. 509; Payne vs. Cave, 3 D. & E. p. 148). In a case of this sort, even if the sale..